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New Zealand law explained for everyone

Social Security Act 2018

Administration - Reciprocity agreements with other countries - Orders

382: Interpretation

You could also call this:

“Explaining important words and ideas about social security agreements between countries”

In this part of the law, you’ll find explanations of important words and phrases. These explanations help you understand the rules about agreements between New Zealand and other countries for social security benefits.

A ‘competent institution’ is an organisation in a country that deals with these agreements. A ‘party’ is a government that has made one of these agreements with New Zealand.

A ‘reciprocity agreement’ is a deal between countries about social security money. The ‘requested institution’ is the organisation in one country that gets asked for help by the other country. The ‘requesting institution’ is the one doing the asking.

‘Social security debt’ means money that someone owes. In New Zealand, it’s money that can be collected under certain rules. In other countries, it could be money owed for social security or special taxes.

‘Social security laws’ are the rules about social security in a country. This includes laws about taxes or payments for social security.

‘Social security purposes’ covers many things. It includes running the social security system, collecting debts, making sure people follow the rules, punishing those who break the rules, and dealing with court cases about social security.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783897.

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381: Privacy report for orders adopting agreements with mutual assistance provisions, or

“Report needed to check if sharing social security info between countries is safe and fair”

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383: Inclusion of mutual assistance provisions in reciprocity agreements, or

“Countries can agree to help each other with social security”

Part 6 Administration
Reciprocity agreements with other countries: Orders

382Interpretation

  1. In this subpart,—

    competent institution means an institution of a party that is responsible for the application of the reciprocity agreement

      party means a Government that has entered into a reciprocity agreement

        reciprocity agreement means an agreement (for example, a Convention), or an alteration to an agreement, with the Government of another country providing for reciprocity in respect of matters relating to social security monetary benefits

          requested institution means the competent institution of a party to which a request is made by the competent institution of the other party

            requesting institution means the competent institution of a party that makes a request to the competent institution of the other party

              social security debt,—

              1. in relation to New Zealand, means an amount that is subject to recovery from a person under regulations made under section 444; and
                1. in relation to any other country, means an amount that may be recovered from a person—
                  1. under the laws relating to social security in that country; or
                    1. for taxation or other contribution levied specifically for social security under the laws of that country

                    social security laws, in relation to a party, means the laws of that party—

                    1. relating to social security; or
                      1. relating to taxation, or any other contribution, levied specifically for social security

                        social security purposes include all or any of the following purposes:

                        1. the administration of the social security laws of a party:
                          1. the collection of the social security debts of a party:
                            1. the maintenance of the social security laws of a party (for example, the prevention, detection, prosecution, and punishment of offences under the social security laws of a party):
                              1. the enforcement of any social security laws of a party imposing a pecuniary penalty:
                                1. the conduct of any proceedings under the social security laws of a party before any court or tribunal.

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